MORRISON BHATTI vs THE STATE
This matter arises from a bail application filed by the applicant Morrison Bhatti, who was accused of subjecting his wife to severe domestic violence, including inflicting blows with an iron bar and cutting off the tip of her nose. The core legal question concerned whether the applicant was entitled to post-arrest bail given the nature and gravity of the injuries inflicted, and the applicable penal provisions. The Sindh High Court held that the case was not fit for the grant of bail, noting that cutting off part of the nose falls within the purview of Itlaf-i-Udw punishable under section 336 of the Pakistan Penal Code 1860, and highlighting the alarming increase of domestic violence in society. Furthermore, the court considered that most witnesses, including the victim, had already been examined and the trial was near completion. The key principle laid down is that courts must view heinous acts of domestic violence with strictness when considering bail, particularly when trial proceedings are at an advanced stage.
- Does cutting off the tip of a nose constitute Itlaf-i-Udw punishable under section 336 of the Pakistan Penal Code 1860?
- Whether post-arrest bail should be refused when the trial is near completion and material witnesses have already been examined?
- Can courts ignore the increasing tendency of domestic violence in society while considering bail applications?
- Section 334, Pakistan Penal Code 1860
- Section 335, Pakistan Penal Code 1860
- Section 336, Pakistan Penal Code 1860
ORDER
1. ' ALI SAIN DINO MELTO, J.---Heard learned counsel for the applicant and the learned State counsel.
2. The latter has opposed bail.
3. ' According to the prosecution, on 6-6-2006, at about 8-30 hours, applicant Morrison Bhatti, subjected his wife Shaleen Rossana Oliver to domestic violence in his house situated in Drig Road, Cant Bazar, Karachi. She was working as Manager Nursing, in Liaquat National Hospital, Karachi. On the day of incident, she proceeded for duty and as soon as she came out from her house the applicant pushed her back into the house, bolted the door from inside, and started giving her blows with an iron bar on head and other parts of the body, as a result of which she fell down and started bleeding. He then took a pair of scissors and cut off tip of her nose. She was rushed to Liaquat National Hospital and after giving her first aid she was referred to Jinnah Post-Graduate Medical Centre, Karachi. The matter was reported to police by her brother Salman William on the same day at 1710 hours.
4. ' Learned counsel for the applicant contends that out of the six wounds suffered by the victim on her eye, head and nose, the injuries at serials Nos. 2 and 4 have been declared as "Shajjah-e- Mediha", while final opinion regarding injury on the left eye mentioned at serial No.1 of the certificate has not been given as yet. Surprisingly, the nose injury has been declared as "Shajjah-e-Khafifah", supposedly for the reason that there was no fracture of any bone. This seems to be due to lack of legal knowledge. In the F.I.R. Also section 334 of the Pakistan Penal Code, 1860 (P.P.C.) has been incorrectly applied. The correct section applicable in the case will be 336, P.P.C. Cutting of nose, even a part of it, clearly causes permanent disfigurement which according to section 335, P.P.C.
5. Comes within the purview of "Itlaf-i-Udw" and the offence is punishable under section 336, P.P.C., inter alia, with imprisonment upto 10 years.
6. The Court while considering the question of bail in the case like the present one, cannot ignore the increasing tendency of domestic violence in our society. The violence committed by the applicant is also a worst type of domestic violence.
7. Moreover, most of the witnesses, including the victim, have already been examined and the case is near completion.
8. For all these reasons, the case is not fit for the grant of bail. Accordingly, the application is dismissed.